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Topic: Advisory: New maintenance rules for spouses  (Read 6657 times)

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Re: Advisory: New maintenance rules for spouses
« Reply #30 on: September 28, 2011, 11:34:42 PM »
What bank would write a letter that confirms this?

"that there are enough funds present in the account to support a dependent partner and any dependent children"

There is not a bank in the world that would make such a statement.  I can see more public funds being wasted when someone sues the home office again because DG and his colleagues don't appear to thinking things through fully.

This. No bank will be willing to make a judgement on how much is enough to support dependents. C'mon.


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Re: Advisory: New maintenance rules for spouses
« Reply #31 on: September 29, 2011, 07:50:16 PM »
Guys I would seriously not buy into this at all. I've just been accepted, and we only showed our most recent bank statements.

MAYBE this article is only actually relevant to applications made in the UK? So when you do your probationary period, you will want to save evidence of funds for the ENTIRE probationary period to be safe when you apply for ILR? In any event, since this has been published a woman on this forum has had their visa app be successful while she is on every kind of benefits there are. Dont over stress it. If in doubt, seek independent advice from someone who can interpret these new rules properly. We really cant, to be fair. The vagueness of the wording allows for kerfuffles.
Visa Timeline: Been together 9 years, and my visa took a long A#@ time!


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Re: Advisory: New maintenance rules for spouses
« Reply #32 on: September 30, 2011, 05:27:58 PM »
You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for:

27 months, if you are applying from outside the UK; or


Is it seriously stating you need £27k readily available? Also on the evidence page it does not ask for payslips, or work contracts? Are these no longer accepted as a way to prove maintenence?

Fingers crossed I am so wrong on this and I am just so deflated by the £24k annual earnings being pinged around that my I need to seriously clean my rose tinted spectacles.  :-\\\\
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Re: Advisory: New maintenance rules for spouses
« Reply #33 on: September 30, 2011, 10:30:46 PM »
I'm honestly thinking it means you have to have the monthly income for the next 27 months for support (meaning you're working and have an income)... not 27 months worth of physical cash.  That seems to be the only logical thing!  This is all ridiculous...

BTW... they NEVER state what is deemed as an appropriate amount to keep a couple afloat.  I keep hearing the 106GBP a week after rent and council tax.... but it's no where on the UKB site!  Where is the number coming from...?

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Re: Advisory: New maintenance rules for spouses
« Reply #34 on: October 01, 2011, 12:51:35 AM »
I'm honestly thinking it means you have to have the monthly income for the next 27 months for support (meaning you're working and have an income)... not 27 months worth of physical cash.  That seems to be the only logical thing!  This is all ridiculous...

BTW... they NEVER state what is deemed as an appropriate amount to keep a couple afloat.  I keep hearing the 106GBP a week after rent and council tax.... but it's no where on the UKB site!  Where is the number coming from...?


It's how much a couple on benefits would get per week after rent and council tax. It's basically the lowest income the UK government thinks two people can survive on. It's considered inappropriate for the government to allow immigrants to get by on less.


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Re: Advisory: New maintenance rules for spouses
« Reply #35 on: October 01, 2011, 01:16:01 AM »
BTW... they NEVER state what is deemed as an appropriate amount to keep a couple afloat.  I keep hearing the 106GBP a week after rent and council tax.... but it's no where on the UKB site!  Where is the number coming from...?

Yes, it's not very clear.  Here is an example though:

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT  in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

More information is available on the British & Irish Legal Information Institute (BAILII) website.

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.


http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/maa/#header1


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Re: Advisory: New maintenance rules for spouses
« Reply #36 on: October 01, 2011, 09:48:07 AM »
You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for:

27 months, if you are applying from outside the UK; or


Is it seriously stating you need £27k readily available? Also on the evidence page it does not ask for payslips, or work contracts? Are these no longer accepted as a way to prove maintenence?

No, it doesn't mean that, although you're right - it's not very clear (same as a lot of stuff on that new webpage!)

The rule of thumb still used is that the income after housing costs - rent and council tax - must be at or above the income support level, which is about £105 a week. If the income is below this, you can make it up through savings, but you probably have to show you can make it up through savings for the whole 27 months of the visa.

So let's say, after housing costs, you have £95 a week left over, so you're £10 short. Times that by 27 months, you come to about £1,161. So you'd need this much in savings to meet the requirement.


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Re: Advisory: New maintenance rules for spouses
« Reply #37 on: October 28, 2011, 01:02:05 AM »
I just ran across this info on the Border Agency website, so I came here to see if I could figure out what it really means. It seems that there is some uncertainty about how it will actually play out, so I was wondering if it would be possible/appropriate for recent applicants to describe how the 27-months-of-maintenance rule or whatever it is affected the outcome of their application. I saw one member who did that, so I thought it might give a clearer picture if some others did the same. It seems like it is most worrisome for couples who are moving to the UK at the same time and don't yet have jobs, but can stay with family until they do have jobs.


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Re: Advisory: New maintenance rules for spouses
« Reply #38 on: November 01, 2011, 03:20:27 PM »
My daughter just emailed me in a panic.  She just now say this new maintenance requirement.  No we are all upset!!! So I came here and have been reading through this topic.Well, is there any way to get a definitive answer that this does NOT mean that a couple must have 27 months worth of living expenses in the bank?  I am particularly interested as my daughter and her UK partner are in the midst of applying for their unmarried partner visa.  When she started doing the form a few weeks ago, and called for her appointment for an in-person, neither she nor I, nor her partner, saw this on the UKBA website.  Did we all just miss it?  When was it posted?  Is it in effect now?  They both work full time - she is on a student visa and has now completed her course - and they meet the "previous" maintenance requirement of having enough money left over after rent and council tax.  But no way do they have that kind of money in the bank, nor would anyone who might sponsor them - if that is even allowed on an unmarried partner visa.  We are all


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Re: Advisory: New maintenance rules for spouses
« Reply #39 on: November 02, 2011, 02:17:17 PM »
Hope I am not being rude by bumping this thread, but am hoping to get an answer or some advice and I imagine MtnFamily is, too.  Hoping that what MWill posted is actually closer to the facts, since there is no issue in this case regarding income, but there certainly is re. savings.  Anyway, hoping to hear from someone with some knowledge or insight . . .  Thanks . . .


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Re: Advisory: New maintenance rules for spouses
« Reply #40 on: November 02, 2011, 02:27:13 PM »
I applied for a spousal visa without having 27 months of savings in a bank account and was approved a few weeks ago. 
"Once in awhile, in the middle of an ordinary life, love gives us a fairytale."
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Re: Advisory: New maintenance rules for spouses
« Reply #41 on: November 02, 2011, 04:35:57 PM »
JessM, congratulations! Good news, and what a relief. May I just ask for clarification on whether either you or your spouse already have a job in the UK? I am under the impression that savings really aren't a factor if together you earn enough each week to cover those basic expenses, however, it could be a huge problem for those of us who are moving together and don't yet have jobs. Thanks so much for replying! I know one approved visa isn't a guarantee, but it is a clue as to how the Border Agency are proceeding. For what it's worth, I also spoke with a UK immigration attorney who said 27 months of savings is not necessary, but it's difficult to tell if they are even aware of the recent addition to the Border Agency website.


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Re: Advisory: New maintenance rules for spouses
« Reply #42 on: November 02, 2011, 08:28:43 PM »
Hi :)  JessM is my DW.  I have a job in the UK and supplied my bank statements and payslips.  JessM also included her savings account statement, plus she indicated she would be looking for work immediately and included copies of her résumé and college degree.
Met JessM online: 06 November 2010
I visited the US: 27 April 2011
She visited the UK: 30 June 2011
Married: 29 September 2011
Visa application submitted: 18 October 2011
Visa issued: 20 October 2011
She moved to the UK: 02 December 2011


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Re: Advisory: New maintenance rules for spouses
« Reply #43 on: November 03, 2011, 12:35:39 AM »
Awesome guys! Little bit of hope. My husband currently works there do hopefully some clarification on this sooner to the time.
Met Online: Jan 2010
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Met in person: June 2010
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Hubby's 2nd trip to the US: Oct 2010
Failed trip due to accident: Feb 2011
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Applying for Visa: Sept/Aug 2012


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Re: Advisory: New maintenance rules for spouses
« Reply #44 on: November 03, 2011, 01:36:08 AM »
I'd really be amazed if they expected people to have 27 months of living expenses saved in the bank. I THINK all they're doing is clarifying how much you would need in savings if you didn't have any income at all - there was a court ruling a few months ago saying that, if a couple is relying on savings, they need to prove savings for the entire length of the visa - so 27 months. But if you're earning over the income support level, that's irrelevant. That's my layman's reading of it all, anyway.


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